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The Copyright Law Journal  is unique in that it is written entirely by Neil Boorstyn. Mr. Boorstyn is recognized as one of the country’s leading copyright and computer law experts. His vast experience as a copyright lawyer, litigator, consultant, writer, lecturer, and teacher makes him especially qualified to provide the information you need with accuracy and authority.

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In the latest issue of The Copyright Law Journal:

GOLAN v. HOLDER: The Supreme Court affirmed that the restoration of copyright protection for certain foreign works is valid
UMG RECORDINGS v. SHELTER CAPITAL and VEOH: The Ninth Circuit affirmed that ­defendant Veoh was protected by the DMCA “safe harbor” provisions
LOUIS VUITTON MALLETIER v. AKANOC: The Ninth Circuit affirmed a jury’s verdict that defendants were liable for contributory copyright infringement but vacated and remanded as to damages
MURPHY v. MILLENNIUM RADIO: The Third Circuit held that where a use is not transformative, other factors become more important in determining fair use
 

PRACTICE TIPS

A work that has fallen into the public domain after the expiration of a full copyright term—either in the U.S. or in the country of origin—cannot receive further protection under Section 104A
General awareness of infringement does not disqualify an internet service provider of safe harbor protection; specific knowledge of particular infringing activities is required
Separate owners of separate (but related) works, e.g., a short story and a film based on that story, should each be entitled to recover separate statutory damages awards
Copying an entire work may be a fair use if such copying is necessary to make a fair use of the copyrighted work  

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Providing helpful guidance and practice tips since 1984